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Posted: 9/13/2004 3:14:21 AM EST
[Last Edit: 9/13/2004 3:44:16 AM EST by Aimless]
Heads up guys: see this thread...

www.subguns.com/boards/mgmsg.cgi?read=401151



made link hot-Aimless
Link Posted: 9/13/2004 3:42:39 AM EST
IMO, this is just a non-knowing DPS female officer who obviously did not know the regulations.

As the NFA weapon is covered by a Federal permit, which in turn is registered to an individual or LLC, technically state troopers or any other LEOs except Federal officers aren't even supposed to touch the weapon, simply inspect the paperwork.

This guy will have no problem getting whatever it was returned.

Mike

Link Posted: 9/13/2004 4:47:53 AM EST
[Last Edit: 9/13/2004 4:49:43 AM EST by RenegadeX]
This is why I am a model driver when carrying firearms.


Machine guns are illegal in Texas, and an arrest for one is legal. It is a defense to prosecution if you have paperwork though, so most LEOS will not arrest if they see paperwork they think is valid, but if they think it is not valid.... So the best advice is to always fly below the radar.
Link Posted: 9/13/2004 5:40:48 AM EST
Why did you tell her you had a machinegun?
Link Posted: 9/13/2004 6:14:15 AM EST
Link Posted: 9/13/2004 7:24:47 AM EST
I have a CHL and would have just said htat I have a CHL & left it at that.
Link Posted: 9/13/2004 7:34:10 AM EST
Link Posted: 9/14/2004 11:06:37 AM EST
BTT.

Update. The CLEO seems like a prick. Has told the NFA guy he shouldn't be driving around with that kind of stuff in his car. If you are into NFA stuff you better keep the phone number of a good NFA attorney with you at all times.

see:

http://www.subguns.com/boards/mgmsg.cgi?read=401849
Link Posted: 9/15/2004 4:28:34 AM EST
BTT.

The saga continues...

http://www.subguns.com/boards/mgmsg.cgi?read=401954
Link Posted: 9/15/2004 4:52:16 AM EST
Link Posted: 9/15/2004 5:45:29 AM EST
Link Posted: 9/15/2004 6:00:57 AM EST
[Last Edit: 9/15/2004 6:03:25 AM EST by TheRedGoat]
Link Posted: 9/15/2004 6:05:05 AM EST
Link Posted: 9/15/2004 6:07:02 AM EST
Link Posted: 9/16/2004 8:34:38 PM EST
Sorry, what's NFA and FA?

-mark
Link Posted: 9/16/2004 8:40:49 PM EST

Originally Posted By RenegadeX:


Machine guns are illegal in Texas



... What? This ain't true, you can qualify to own a class III NFA weapon
Link Posted: 9/16/2004 8:50:54 PM EST
It doesnt change the fact that Texas has a state law stating Machine Guns are illegal. Renegade has it right.

Qualify?

Just like carrying a concealed weapon in TX without a CHL. It's illegal. Period. Even from the gun store you just bought it from. Even to and from the gun range and/or shooting event. Even if you are traveling across Texas.

All those are a defense of prosecution, but NOT a defense of arrest.

You can beat the time, but you cant beat the ride. So when carrying here.... like Ren said... drive like a wuss, and smile, and say yes sir, no sir, thank you sir. May I have another?
Link Posted: 9/16/2004 9:01:59 PM EST

Originally Posted By FALARAK:
It doesnt change the fact that Texas has a state law stating Machine Guns are illegal. Renegade has it right.

Qualify?

Just like carrying a concealed weapon in TX without a CHL. It's illegal. Period. Even from the gun store you just bought it from. Even to and from the gun range and/or shooting event. Even if you are traveling across Texas.

All those are a defense of prosecution, but NOT a defense of arrest.

You can beat the time, but you cant beat the ride. So when carrying here.... like Ren said... drive like a wuss, and smile, and say yes sir, no sir, thank you sir. May I have another?




... Damn, so I guess it is true, Arizona IS the best State in the Union
Link Posted: 9/17/2004 3:42:17 AM EST
I'm the safest driver on the road going to and from the range.
Link Posted: 9/17/2004 4:55:50 AM EST
[Last Edit: 9/17/2004 4:58:06 AM EST by mojo]
Link Posted: 9/17/2004 7:28:45 AM EST
Link Posted: 9/17/2004 8:47:51 AM EST
Machine guns are not legal in Texas?
Link Posted: 9/17/2004 9:16:12 AM EST

Originally Posted By KA3B:
Machine guns are not legal in Texas?



§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine[0] gun[0];
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun[0].
(b) It is a defense to prosecution under this section that
the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.

(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, or short-barrel firearm solely as an
antique or curio; or
(2) was incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b).
(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for
the possession of a chemical dispensing device that the actor holds
a security officer commission issued by the Texas Commission on
Private Security and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement
Officer Standards and Education; or
(2) approved for the purposes described by this
subsection by the Texas Commission on Private Security.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 918, ch. 342, § 15, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 2, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, § 2, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(47),
eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, § 2, eff.
Sept. 1, 1991; Renumbered from V.T.C.A., Penal Code § 46.06 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2003, 78th Leg., ch. 1071, § 1, eff. Sept. 1, 2003.


www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=TMEOEMPQPHVR&CQ_QUERY_HANDLE=127259&CQ_CUR_DOCUMENT=1&CQ_TLO_DOC_TEXT=YES
Link Posted: 9/17/2004 9:18:45 AM EST
If I had known as little about my job as some police officers do, I would have lost my job and worse yet, People Could Have Died! It's just another person that doesn't know their job. It happens to police just like anyone else.
I have clear copies of my paperwork, signed by the city and feds with photo and a seprate state police permit that is stored and transported with my NFA items.
Nothing will protect me from someone else's ignorance though!
Link Posted: 9/17/2004 9:23:45 AM EST
" (9) a zip gun[0]. "

Hummm interesting

wolf
Link Posted: 9/17/2004 9:45:33 AM EST

Originally Posted By RELOADER-BOB:
If I had known as little about my job as some police officers do, I would have lost my job and worse yet, People Could Have Died! It's just another person that doesn't know their job. It happens to police just like anyone else.
I have clear copies of my paperwork, signed by the city and feds with photo and a seprate state police permit that is stored and transported with my NFA items.
Nothing will protect me from someone else's ignorance though!



The officer in question did nothing out of line, or ignorant! She was fullfilling her duties, in accordance with the law.

Maybe she knows there is a defense of prosecution for having correct NFA parperwork.... maybe she doesnt. In any case... she obviously knows the law that this is an arretable offense (which it is) for possessing a machine gun in the state of Texas.

Not saying I agree with it.... and the charges will be dropped..... so its a waste of time for everyone.... but I cant see how you fault the officer? You may not agree with her.... but ....
Link Posted: 9/17/2004 10:45:40 AM EST
Link Posted: 9/17/2004 10:56:43 AM EST
Oh I agree..... I was just stating what she did was within the boundaries of the law.... therefore, not ignorant.

Therefore, we need to get Texas to remove this law, and just let the Federal jurisdiction handle it.... much like the AWB was.

However, I doubt that will ever happen, because every time I go out to East Texas, and do a little bump firing at my grandparents farm.... someone hears the "machinegun" and calls the police. I get a visit from a sherrif's deputy.

If there was no state statute.... all these calls would have to end with "sorry, we dont enforce machinegun issues.... call the ATF"

I imagine this is twofold... Texas state and municipal LEO's need the ability to detain bad guys if they have an illegal weapon... or they have the need to serve the public by being able to repspond to these types of call.

Not saying I agree with the "illegal weapon" part.... but until the NFA act of '34 goes away.... thats where we stand. And in Texas, posession of a machinegun is illegal, and if you own one, you are subject to arrest at any time.... thats how the law is written. If we have a problem with that, we need to take steps to remove/amend the law.
Link Posted: 9/17/2004 11:07:04 AM EST
I thought Texas was the cats ass.
You gun laws are like Washingtons.

Damn. Free Texas?
Link Posted: 9/17/2004 11:10:00 AM EST
Link Posted: 9/17/2004 11:20:06 AM EST
Link Posted: 9/17/2004 2:04:19 PM EST

Originally Posted By mojo:
Lately, Bubblegum Chewer has been posting a lot. It's great though, just wonder WTH happened.



Well, with all the illegal activity going on around the pre-assembling of rifles before the actual sunset of the AWB, my dept office asked me to get more "involved" again.

Link Posted: 9/17/2004 2:16:01 PM EST
None of those links work. What county was he arrested in? I have a doozy of a story about a female DPS officer working in Montgomery County. Wouldn't surprise me if it was her.
Link Posted: 9/18/2004 12:44:11 AM EST

Originally Posted By KA3B:
I thought Texas was the cats ass.
You gun laws are like Washingtons.

Damn. Free Texas?


You can own ANY NFA weapon in Texas as long as it is registered per NFA regulations.

So technically, we still are the cat's ass.
Link Posted: 9/18/2004 1:22:35 AM EST

Originally Posted By Aggie1:
None of those links work. What county was he arrested in? I have a doozy of a story about a female DPS officer working in Montgomery County. Wouldn't surprise me if it was her.



Shit, you've got what, 250 of them?
Link Posted: 9/20/2004 6:04:37 AM EST
What's theupdate on this?
Link Posted: 9/20/2004 6:48:15 AM EST

Originally Posted By SC-Texas:
What's theupdate on this?



All charges dropped, guy has his stuff back.
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